What can I do if Discover card sues me in Spokane County District Court for Breach of Contract?

For this example, we’ll trace the course of a lawsuit brought by Discover at Spokane County District Court. You’ll learn the behind-the-scenes process as well as the public process. You’ll also learn that you may have one powerful tool at your disposal to prevent life-altering garnishments. If you have a family to feed or other obligations, it is vitally important that you read this post. While you cannot rely on it for legal advice, and indeed I give none here, you can rely on it for the valuable insights contained herein. Please seek legal counsel if you are being sued. Spalding Law does not represent you unless we’ve executed a retainer agreement. This writing is specific to Eastern Washington generally, and Spokane specifically. Before we begin, remember these words: there is no moral component to debt and bankruptcy.

Commence of a creditor lawsuit: Breach of Contract

One of the biggest problems with falling behind on a Discover card is that they will almost certainly sue you if you don’t eventually pay them. Discover files quite a few lawsuits in Eastern Washington, particularly in Spokane and Yakima District Courts. They typically, but not always work with firms like Suttell and Hammer, which is a prominent creditors-rights law firm with an address in Bellview, Washington. They are quite successful, so if you’re sued by them, it is vitally important to take their lawsuit seriously by responding to the lawsuit (i.e. filing a response at the District Court) and getting the clerk to schedule a bench trial. A bench trial allows you to be heard, present evidence, and challenge the plaintiff’s evidence.

Discover sues for unpaid debts citing “Breach of Contract” as the specific reason. When you applied for a Discover card you signed a contract wherein they provide you credit under a certain set of terms, and you provide that you will repay that credit plus interest. When you become delinquent on those payments, they become debts you’ve defaulted on. Discover will try to collect the debt and, ideally, restore your account to normal.

But life happens. The honest but unfortunate debtor is often one who may experience job loss, medical events, divorce and so forth. When this happens, it is easy to fall behind and get sucked into a vortex of accumulating debt. When that happens, lawsuits are soon to follow.

On that note, firms like Suttell and Hammer will include exhibits (attached to the complain) like the contract you’ve allegedly defaulted on. They’ll also state the amount you allegedly owe, the costs associated with suing you as well as their own attorneys fees in undertaking the lawsuit. Generally speaking creditor counsel has a template they use for Breach of Contract suits and are quite efficient in their work, which means their attorneys fees aren’t typically eye-popping.

If you don’t respond to the lawsuit, a hearing at District Court will be docketed, conducted, and the matter will be decided in your absence. The hearing itself generally doesn’t last more than a few minutes. In Spokane you can search the Audio Files of the Spokane County District Court. Breach of Contract cases are generally held in the middle of the week (invariably in the mornings). These days the cases are often adjudicated by Judge Zappone, though Judge Biviano has presided in the past. These judges are professional and respectable, they are also fair. Nonetheless, if you’re not present the court will rule in favor of the creditor. Not good.

It’s only a matter of time before creditors like Discover move for a writ of garnishment. If they know where you work, they’ll serve that writ on your employer, who must then garnish your wages and send that money to, in this example, Discover’s counsel, who then distributes it to their client, Discover. But what if Discover doesn’t know where you work?

Discover can subpoena state records, which they hope will show where you are employed. A subpoena carries the legal authority of a court, which means that it is likely that Discover will uncover where you work. Then it’s a matter of time before your wages are garnished. 

Continuances: The first one is free.

Insight: a “bench trial” is a trial where the case is heard only by a judge; there is no jury. The judge must weigh the evidence presented by the parties. The parties are given ample opportunity to present evidence, call witnesses, challenge the other party’s evidence, and to examine the other party’s witnesses under oath.

Responding to the lawsuit, as I mentioned before, will cause the clerk of court in Spokane to docket a bench trial. It is your constitution right to due process–in other words, it is your right to be heard. The court must hear your side of the story because it is entirely possible that the plaintiff is wrong.

Insight: How a person argues their case matters. The court will not be convinced by a rambling defense about how you fell on hard times, how there’s conspiracy at work or how someone in the process has been mean to you. 

Defendants have shown up to the bench trial only to realize that they need to seek legal advice given how daunting a bench trial can be. Luckily, the court will often grant a continuance while the defendant works on either securing counsel or advice from counsel. I’ve heard the words “the first one is free” uttered with respect to this process. But the creditor can also seek a continuance. Some creditors, and I am definitely not including Discover or Suttell and Hammer in this, will seek a continuance when defendants show up—on the theory that wasting the defendant’s time will eventually exhaust the defendant causing them to no longer have the time to miss work, and thus appear at a bench trial. Again, I have never seen Suttel and Hammer do this, nor have I seen Discover do this. But I have seen and heard of numerous examples of other creditors using this tactic.

None of this means you’ll win or lose. Nor should you ever attempt to frustrate the process with frivolous attempts to delay. This goes for both sides.

Eventually your ethical and honorable options will be exhausted and you will have either won or lost in court. If you win, great! If you lose, not great.

Negotiations: are they worth it?

Creditors would rather negotiate with you than sue and garnish you. If you’ve gotten as far as a judgement against you, then the creditor no longer needs to negotiate. Some will negotiate, but some won’t. Indeed, sometimes it makes sense to negotiate, and sometimes you it won’t because simply don’t have the resources to pay.

Insights: paying off some creditors at the expense of others can be a poor strategy. This is because you can be sued by those creditors as well. Paying numerous judgements can be trying. Moreover, debt consolidation outfits are nightmarish in their own way. Moreover, and depending on the timing, paying off some creditors at the expense of others can be an issue in bankruptcy.

But there are options (or, what the bankruptcy attorney does!)

If this all seems hopeless, don’t worry, it is not necessarily hopeless. This is where bankruptcy comes in. If you’re eligible to file for bankruptcy protection, you can put a stop to creditor actions like lawsuits and garnishments through the automatic stay, regardless of where you are in the legal process with creditors like Discover. However, eligibility isn't automatic, and the process involves important trade-offs that should be carefully considered.

Suppose you’ve been sued for $10k. Imagine the relief of paying just $1,200 to $2,500 (more or less) in attorney’s and court fees to discharge that $10k plus other qualifying unsecured debts—this can be a transformative fresh start for many facing overwhelming financial pressure. For Chapter 7 bankruptcy, which often allows for the outright discharge of eligible debts, qualification starts with the means test, comparing your average monthly income over the prior six months to Washington's median income for your household size. [Figures are updated periodically and should be verified for your filing date]. If your income falls below the median, you typically qualify; even if it's above (and assuming a Chapter 7 doesn’t work because of the means test), Chapter 13 provides a structured, affordable repayment plan over three to five years, helping you protect assets while steadily reducing debt. While certain obligations like most student loans, specific taxes, child support, alimony, debts from fraud or willful injury, and penalties related to drunk driving or criminal restitution aren't dischargeable, eliminating the rest can free up your budget to handle them more effectively. Yes, bankruptcy can initially lower your credit score by 100 to 200 points or more (depending on your starting point) and stay on your report for up to 10 years, but this is often a necessary step toward rebuilding stronger finances—many people see their scores improve within a couple of years through responsible credit use, opening doors to better loans, housing, and opportunities down the road. It's a proven, powerful solution that has empowered countless individuals to overcome debt and thrive.

Insight: Imagine having a reputable bankruptcy attorney assessing your case and advocating for you, helping navigate these complexities to maximize protections and outcomes. Hiring John is a far better alternative than trying to go it alone. Avoid the rakes in the grass and please visit the pro se page for more information on why. No matter what anyone tells you, there are myriad ways a case can go south without a great bankruptcy attorney.

One of the first things a bankruptcy attorney does is assess your situation: what do you owe, what are your assets, and do you meet eligibility criteria? A bankruptcy attorney will work to protect exempt assets like your home and car under Washington law so that you don’t lose them. If you’ve been sued, a Spokane bankruptcy attorney will file your case to trigger the automatic stay, halting creditor lawsuits and garnishments, and obtain a release of any writ of garnishment from Discover’s counsel to stop wage deductions. A bankruptcy attorney will be by your side to analyze your specific case for strengths and weaknesses, ensure you claim every available property exemption, prepare you for the 341 Meeting (i.e., Meeting of Creditors), and guide you toward a fresh start—though remember, the "fresh start" comes with the caveats mentioned above and requires rebuilding credit and financial habits over time.

You can book a free Zoom consultation with John. If you don’t see a time that works, just call John at 509-906-2221.